التحكيم الالكتروني الدولي ومدى كفاية قواعد الاسناد في القانون المدني العراقي لتحديد القانون الواجب التطبيق على موضوعه وسير إجراءاته

Abstract

The electronic arbitration is applied by the agreement of the arbitration parties to submit their disputes arising from contracts concluded by electronic means to a third party to decide them according to based on the parties' agreement, by modern communicating means and electronic technologies different from traditional means used in traditional arbitration. The electronic arbitration will be international, if the legal relation which is the subject-matter of the arbitration, is a legal relation interspersed with a foreign element. Or a special international contractual relation. It is worth-bearing in mind that although Iraq did not issue an international electronic arbitration law, but this study tried hard to determine the applicable law to both the procedures and the subject of the international electronic arbitration in conformity with the legal provisions available in the Iraqi law. We tried hard, in order to perform this legal institutionalization, to resort to some texts of the Iraqi Civil Law No. (40) of 1951, the law of civil procedures No. (83) of 1969, and the law of the electronic signature and electronic bargains No. 78 of 2012.